Citizens Initiated Referenda Act 1993

43 Returns in relation to advertisements

(1)

In this section,—

advertisement means an advertisement in relation to an indicative referendum petition or an advertisement promoting one of the answers to the precise question to be put to voters in an indicative referendum

advertiser means a person for whom, or at whose direction, an advertisement is published or broadcast

return means a document that—

(a)

lists where every advertisement was published or broadcast; and

(b)

states the cost of every advertisement.

(1A)

Every advertiser must make a return to the Electoral Commission as follows:

(a)

if the petition finally lapses under this Act, within 1 month after the date on which the petition finally lapses; or

(b)

if the result of the indicative referendum is notified in the Gazette under section 40(2), within 1 month after the date on which the result is notified; or

(c)

if the result is declared under section 49 of the Referenda (Postal Voting) Act 2000, within 1 month after the date on which the result is declared.

(2)

[Repealed]

(3)

Every person commits an offence and is liable on conviction to a fine not exceeding $20,000 who fails, without reasonable excuse, to comply with subsection (1A).

(4)

Every person who makes, under subsection (1A), a return that is false in any material particular—

(a)

is, if the person makes the return knowing that the return is false in a material particular, guilty of a corrupt practice and is liable on conviction to imprisonment for a term not exceeding 1 year or to a fine not exceeding $20,000, or to both; and

(b)

is, in any other case, guilty of an illegal practice, and is liable on conviction to a fine not exceeding $20,000, unless the person proves:

(i)

that he or she had no intention to mis-state or conceal the facts; and

(ii)

that he or she took all reasonable steps in the circumstances to ensure that the information in the return was accurate.

(5)

Every person charged with an offence against subsection (4)(a) may be convicted of an offence against subsection (4)(b).

Section 43: substituted, on 6 December 1995, by section 14 of the Citizens Initiated Referenda Amendment Act 1995 (1995 No 62).

Section 43(1): substituted, on 15 November 2000, by section 93(1) of the Referenda (Postal Voting) Act 2000 (2000 No 48).

Section 43(1) appropriate official: repealed, on 28 February 2002, by section 101(2) of the Electoral Amendment Act 2002 (2002 No 1).

Section 43(1A): inserted, on 15 November 2000, by section 93(1) of the Referenda (Postal Voting) Act 2000 (2000 No 48).

Section 43(1A): amended, on 1 October 2010, by section 32(1)(b) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 43(1A)(b): amended, on 28 February 2002, by section 101(2) of the Electoral Amendment Act 2002 (2002 No 1).

Section 43(2): repealed, on 15 November 2000, by section 93(1) of the Referenda (Postal Voting) Act 2000 (2000 No 48).

Section 43(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 43(3): amended, on 15 November 2000, by section 93(2) of the Referenda (Postal Voting) Act 2000 (2000 No 48).

Section 43(4): amended, on 15 November 2000, by section 93(3) of the Referenda (Postal Voting) Act 2000 (2000 No 48).

Section 43(4)(a): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 43(4)(b): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).